Kithia v Republic [2022] KEHC 11505 (KLR)

Kithia v Republic (Miscellaneous Criminal Application E020 of 2022) [2022] KEHC 11505 (KLR) (19 May 2022) (Ruling)

Neutral citation: [2022] KEHC 11505 (KLR)

Republic of Kenya

In the High Court at Meru

Miscellaneous Criminal Application E020 of 2022

TW Cherere, J

May 19, 2022

Between

Jackim Koome Kithia

Applicant

and

Republic

Respondent

Ruling

1. The Applicant was convicted of robbery with violence in Meru CMCR. CASE. 1824 OF 2014 and was sentenced to serve 15 years’ imprisonment. He appears to have lost the appeal he filed in Meru HCCR. A. 134 OF 2018.

2. Applicant seeks that the sentence be computed to include the time he spent in custody.

3. I have considered that the Applicant was heard on appeal and therefore decline an invitation to review the sentence for that amounts to ask this court to sit on appeal in its own judgement which jurisdiction this court does not possess.

4. From the foregoing analysis, I have come to the conclusion that the application filed on May 9, 2022 is an abuse of the court and it is disallowed.

DELIVERED AT MERU THIS 19th DAY OF May 2022T. W. CHEREREJUDGEAppearancesCourt Assistant - KinotiApplicant - AbsentFor the State - Ms. Mwaniki (PPC)